BYLAW 5948 A BYLAW OF THE CITY OF LETHBRIDGE IN THE PROVINCE OF ALBERTA, TO REGULATE THE USE OF PORTABLE SIGNS IN THE CITY OF LETHBRIDGE

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1 BYLAW 5948 A BYLAW OF THE CITY OF LETHBRIDGE IN THE PROVINCE OF ALBERTA, TO REGULATE THE USE OF PORTABLE SIGNS IN THE CITY OF LETHBRIDGE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AUTHORITY WHEREAS the Municipal Government Act, Chapter M-26, Revised Statutes of Alberta, 2000 and amendments thereto authorizes the Council to pass a bylaw which may regulate and remove advertising devices of any kind within the municipality; NOW THEREFORE THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: TITLE 1. This Bylaw may be cited as the "City of Lethbridge Portable Sign Bylaw." 2. If, in the opinion of the Designated Officer, a particular use does not conform with any of the following definitions, or if a particular use appears to conform with two or more definitions, the particular use may be deemed to conform to the definition which, in the opinion of the Designated Officer, is most appropriate. DEFINITIONS 3. In this Bylaw: Ambient Light means the level of light at and surrounding a Portable Sign site measured without any Luminance from or illumination of the sign and occurring at any point in time. Act means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 and amendments thereto, or any Act substituted therefore. Calendar Year means the year beginning January 1 and ending December 31. City of Lethbridge or City means the Municipal Corporation of the City of Lethbridge or the land lying within the corporate limits of the City. Club has the same meaning as the Land Use Bylaw. Copy means the advertising message. Copy-Cycle means the number of different digital messages displayed in sequence before the sequence is repeated. Council means the duly elected Council of the Municipal Corporation of the City of Lethbridge. Cultural Facility has the same meaning as the Land Use Bylaw. Designated Officer means a person who is a Development Officer, Development Enforcement Officer, Peace Officer, or a City of Lethbridge Police Officer.

2 Digital Copy means Copy that is computer designed and programmed to be carried on an electronic display screen that uses LED, LCD, plasma or similar technology. District means an area designated by the Land Use Bylaw in which permitted and/or discretionary uses and development regulations are prescribed or, in the case of Direct Control Districts, determined by Council. Dwell Time means the length of time each Digital Copy in a Copy Cycle appears. Education Facility has the same meaning as in the Land Use Bylaw. First-party Advertising means advertising that promotes a product or service that is offered at, or a business or activity that is located at, the Parcel where the visual device carrying the advertising is located. Also known as on-premise advertising. Frontage means that portion of a Parcel or a building facing a Street. Grade means the average elevation of the finished ground surface excluding localized depressions. Height means the vertical distance measured in metres from Grade to the highest point of the sign. Land Use Bylaw means the City of Lethbridge Land Use Bylaw 5700 as may be amended or replaced from time to time. Luminance means the amount of light leaving the light source measured in candelas per square metre or nits (1 nit = 1 candela per square metre). Municipal Tag or Tag means a ticket alleging an offence issued pursuant to the authority of a bylaw of the City of Lethbridge. Parcel means the aggregate of the one or more contiguous areas of land described in a Certificate of Title issued by the Land Titles Office. Parcel Line means the legally described boundary of any Parcel. Portable Sign means any sign or advertising device that can be transported from one site to another and may include licensed and non-licensed vehicles placed in a location for advertising purposes. (see Appendix A) Signage permanently attached to or forming part of a licensed vehicle used in the day-to-day conduct of a business where the signage advertises only that business does not constitute a Portable Sign. Portable Sign Permit or Sign Permit means a document which authorizes the use of a Portable Sign pursuant to this Bylaw. Public Roadway means the road right-of-way identified on a road right-of-way plan and may include a local road, a service road, a Street, an avenue, or a lane but does not include an easement for access. Religious Assembly has the same meaning as in the Land Use Bylaw. Sequential Messages means one advertising message that is carried over two or more sequential Digital Copy displays in a Copy

3 Cycle. Sign means an outdoor visual device and its structure and component parts, intended to identify, advertise or call attention to any matter, object, event or person. Sign Face means that part of the sign intended to carry all or a portion of the Copy (see Appendix A). Sports and Recreation Facility, Major has the same meaning as in the Land Use Bylaw. Sports and Recreation Facility, Minor has the same meaning as in the Land Use Bylaw. Static Copy means Digital Copy wherein the message is motionless and contains no moving, flashing, pulsating, Video-image Display or other similar elements. Street means any Public Roadway, not including lanes, which is more than 10 m wide and which may provide the primary means of direct access to abutting Parcels. Third-party Advertising means advertising that promotes a product or service that is not offered at, or a business or activity that is not located at, the Parcel where the visual device carrying the advertising is located. Also known as off-premise advertising. Transition Effects means visual effects such as fading, spinning, sliding, etc. affecting the disappearance of the departing Digital Copy and the appearance of the arriving Digital Copy in a Copy Cycle. Transition Time means the length of time between the disappearance of the departing Digital Copy and the appearance of the arriving Digital Copy in a Copy Cycle. Video-image Display means the use of a LED, LCD, plasma or similar electronic display screen to show life-like rapid sequential images similar to or the same as video clips, movies, television broadcasts, cartoons, etc. Violation Ticket has the same meaning as in the Provincial Offences Procedure Act. DUTIES OF DESIGNATED OFFICER 4. The Designated Officer shall: (1) administer this Bylaw, and perform such duties as are required by this Bylaw; (2) maintain, for inspection by the general public during office hours, a copy of this Bylaw and all amendments thereto, and shall ensure that copies of same are obtainable by the general public at a reasonable charge; (3) maintain a record of all sign permit applications with the decision, and the conditions of approval or reasons for refusal; (4) collect the fees established by this Bylaw; (5) issue the fines established by this Bylaw, and (6) see to the removal of all advertising devices erected or maintained without a permit, either pursuant to this bylaw or the Act.

4 APPLYING FOR PORTABLE SIGN PERMIT 5. No person shall erect a Portable Sign on titled property within the municipality unless the sign is authorized by a valid Portable Sign Permit. 6. A Portable Sign Permit Application shall not be accepted if the sign owner has outstanding fines for previous contraventions of this bylaw. 7. A Portable Sign Permit Application shall be made in the format set out in Form A of this Bylaw, or some other form as may be determined by the City, and shall provide the following information: The municipal address of the Parcel on which the sign will be placed The land use designation of the same The name and address of the property owner and/or tenant The name, business address, and address of the sign owner The name and address of the advertiser, if the sign is in a Public Building District Whether the sign has digital or non-digital message display The date the sign is to be removed, and shall be accompanied by: Evidence satisfactory to the Designated Officer that the application is authorized by the registered owner(s) of the Parcel. The required fee. 8. A Portable Sign Permit Application shall be considered to have been received by the Designated Officer when all of the information required pursuant to Section 7 has been accepted by the Designated Officer as being a sufficient quantity and quality to enable evaluation of the application. APPLICATION FEE 9. The fee required for a Portable Sign Permit Application shall be $ The fee for amending a valid existing Portable Sign Permit shall be $ When a Portable Sign Application is made after the sign has been located on a Parcel, but within the rectification period described in Section 29, a late fee of $ shall be required in addition to the application fee described in Section 9. DEVELOPMENT REQUIREMENTS 12. Allowable Districts (1) Excepting Parcels containing non-conforming residential uses, a Portable Sign may be used in Commercial or Industrial District, as defined in the Land Use Bylaw, and may carry First Party or Third- Party Advertising. (2) A Portable Sign may be used in a Direct Control District that contains commercial or industrial type uses and may carry First- Party or Third-Party Advertising. (3) A Portable Sign may be used in a Public Building District, as defined

5 in the Land Use Bylaw, and shall carry only First-Party Advertising. Those uses in the Public Building District which may use a Portable Sign shall be restricted to: Cultural Facility Clubs, Education Facility Religious Assembly, Sports and Recreation Facility, Major, and Sports and Recreation Facility, Minor 13. Maximum Number of Signs (1) Except as provided in subsection (2), each Parcel shall be allowed the use of 1 Portable Sign at any one time. (2) A Parcel over 78m total Frontage may have 2 signs at one time if a minimum 46m separation, measured along the front Parcel Line(s), is maintained between signs. 14. Placement on a Parcel (1) The sign and all component parts shall be situated within the Parcel Lines. (2) No Portable Sign shall interfere with traffic circulation on the site or reduce the number of required parking spaces of the Parcel. (3) No Portable Sign shall be permitted in a location where it, in the opinion of the Designated Officer, obstructs the vision of vehicular traffic, nor interferes with the interpretation of or may be confused with any traffic sign, signal or device. 15. Prohibited Placements Signs shall not be placed in the shaded areas indicated in the aerial views of the intersections specified in Appendix B : 16. Duration of Placement A Parcel of land, regardless of size or number of occupants, shall not display Portable Signs for more than a total of 180 days per calendar year. 17. Sign Configuration (1) The Sign Face shall have maximum dimensions of 3.65m wide by 2.43m high. (2) The maximum Height of the sign shall be 4.58m above Grade. 18. Display Requirements Non-digital (1) If illuminated, a Portable Sign shall not employ any flashing or intermittent lights. (2) An illuminated non-digital sign on a Parcel that abuts (without an intervening lane) a Residential District shall be turned-off by 10:00 pm at the latest and shall not be turned-on until 6:00am at the earliest year-round. 19. Display Requirements Digital

6 (1) Copy Display Static Copy (2) Dwell Time, minimum 8 seconds (3) Transition Time instantaneous (4) Transition Effects none (5) Sequential Messages none (6) Luminance The Digital Copy Display shall continuously and automatically adjust to Ambient Light conditions by the following (measured at 10m from the Sign Face): Ambient Light Level + a maximum of 6.5 lux to a maximum Luminance of: dawn to dusk 7500 nits dusk to dawn 300 nits (7) A digital sign on a Parcel that abuts (without an intervening lane) a Residential District shall be turned-off by 10:00 pm at the latest and shall not be turned-on until 6:00am at the earliest year-round. 20. Design Character and Appearance (1) The design, character and appearance of the sign shall be, in the opinion of the Designated Officer, consistent with the District in which the Parcel is located and the sign shall be maintained in good repair at all times. (2) The name and phone number of the sign owner shall be permanently affixed in a visually prominent location on the sign. 21. A person to whom a sign permit has been issued shall ensure that the Portable Sign is and remains compliant with the Development Requirements specified in Sections 12 to 20. DECIDING ON AN APPLICATION 22. No provisions of this Bylaw shall be waived 23. The Designated Officer shall approve an application for a Portable Sign which complies with all provisions of this By-law. 24. Upon approval of a Sign Permit Application: (1) The Sign Permit shall be issued with or without conditions and shall be signed and dated as of the date of the decision and released to the applicant. (2) The sign may be installed only upon release of a Sign Permit, in accordance with the permit and this bylaw, and not before. 25. No person shall install a Portable Sign prior to obtaining a Portable Sign Permit. VALIDITY & EXPIRATION OF THE PERMIT 26. A Portable Sign shall continuously comply with all the provisions of this Bylaw for the Sign Permit to remain valid.

7 27. A person to whom a sign permit has been issued shall remove the sign on or before the expiry date(s) noted on the sign permit. MODIFICATION & REVOCATION OF A PERMIT ENFORCEMENT PENALTIES & OFFENCES 28. The Designated Officer may modify, suspend or cancel a Sign Permit which has: (1) been obtained by fraud or misrepresentation, or (2) obtained by failure to disclose pertinent information at the time of application, or (3) been issued in error. 29. Where any Portable Sign is found to be in contravention of any provision of this Bylaw the Designated Officer shall give notice in writing to the sign owner directing rectification of the contravention within 48 hours of receipt of the notification and may direct the sign owner to remove the sign. The notice is deemed to have been sufficiently served and received: if served personally, or if served personally at the place of business to an employee of the business who appears to be at least eighteen years of age, or if attached to the Portable Sign, or if served by to the address identified on the Portable Sign Permit application form. 30. A person who fails to rectify a contravention in accordance with Section 29 of this bylaw is guilty of an offence and the Designated Officer may: (1) issue a Tag in accordance with Section 33 and 34 of this bylaw and may (2) remove and impound the said sign in the event the sign continues to contravene the provisions of the bylaw 48 hours after receipt of notification or in the event that charges have not been paid, and shall release any impounded sign upon payment to the City of Lethbridge of the towing, impound, and daily storage fees, as established by the Lethbridge Regional Police Service, and upon the expiration of 30 days from the date of impoundment, may dispose of any sign pursuant to the provisions of Section 610 of the Municipal Government Act. 31. Notwithstanding Section 30 (2) the Designated Officer may remove and impound a Portable Sign without prior notice when the Portable Sign is determined by the Designated Officer to cause a safety hazard. 32. A person who contravenes any provision of this bylaw is guilty of an offence and liable on summary conviction to a fine not exceeding TWO THOUSAND FIVE HUNDRED DOLLARS ($ ) or in default of payment of the fine to imprisonment for a period not exceeding SIX (6) MONTHS. 33. Where the Designated Officer believes that an offence has been

8 committed under Section 30 of this bylaw, he may serve upon such persons a Tag or Violation Ticket in accordance with the Provincial Offences Procedure Act R.S.A The specified penalty payable in respect of a contravention is the amount set out in Schedule A. 35. The levying and payment of any fine or the imprisonment for any period provided in this bylaw shall not relieve a person from the necessity of paying any fees, charges, or costs from which he is liable under the provisions of this bylaw. TAG, PAYMENT OF PENALTY, & PROSECUTION 36. The Tag is deemed to have been sufficiently served and received: if served personally, or if served personally at the place of business to an employee of the business who appears to be at least eighteen years of age, or if attached to the Portable Sign, or if served by ordinary mail. 37. Upon payment of the penalty to the City of Lethbridge within the specified time limit an official receipt shall be issued and such payment shall be accepted in lieu of prosecution. 38. If a person upon whom any such a Tag is served fails to pay the required sum within the specified time limit prosecution may commence. 39. Prosecution of offences may be commenced by way of Violation Ticket pursuant to the Provincial Offences Procedure Act RSA Where a person has made payment pursuant to this Bylaw and is prosecuted for the offence in respect of which such payment has been made, such payment shall be refunded. APPEALS 41. Any person who receives a notice or has a sign impounded pursuant to the provisions of this By-law and who thinks themselves aggrieved may appeal within 10 days of the date of such notice or action to the Director of Planning and Development Services of the City of Lethbridge. 42. Notwithstanding the submission of an appeal: (1) any sign ordered to be removed by the Designated Officer must be removed within the time specified within the notice pending the result of the appeal. (2) any fine levied is due and payable and may be reimbursed at the discretion of the Director of Planning and Development Services pending the result of the appeal. VALIDITY OF INDIVIDUAL SECTIONS 43. Each provision of this Bylaw is independent of all other provisions, and if any provision of this Bylaw is declared invalid, all other provisions remain valid and enforceable.

9 BYLAW REPEALED EFFECTIVE DATE 44. Bylaw 5240 is hereby repealed. 45. This Bylaw shall come into effect on the date of final passage thereof.

10 FORM A

11 SCHEDULE A Penalties Bylaw Section(s): Violation Penalty Failure to rectify the following violations of Bylaw 5948 within 48 hours of receipt of notification of the violation will result in... the following fines: 21 Sign not compliant with Development Requirements... $ Sign placed prior to obtaining a permit... $ Sign remains in place after expiry date... $ Sign not removed as directed by the notice... $ READ A FIRST TIME this day of, A.D., 2015 MAYOR CITY CLERK READ A SECOND TIME this day of, A.D MAYOR CITY CLERK READ A THIRD TIME this day of, A.D MAYOR CITY CLERK

12 APPENDIX A Portable Sign Examples

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15 Example of a vehicle used as a Portable Signs. The signage and advertising graphics on the entire vehicle shall not be greater than a total of 8.87m²

16 APPENDIX B Prohibited Placements at Specified Intersections 13 Street N / 5 Avenue N Aerial view of intersection with shading on the areas where a portable sign cannot be placed Aerial view of intersection with shading on the areas where a portable sign cannot be placed

17 Stafford Drive / Crowsnest Trail Aerial view of intersection with shading on the areas where a portable sign cannot be placed

18 30 Street / Crowsnest Trail Aerial view of intersection with shading on the areas where a portable sign cannot be placed

19 Scenic Drive S / Whoop Up Drive Aerial view of intersection with shading on the areas where a portable sign cannot be placed

20 Mayor Magrath Drive S / 6 Avenue S Aerial view of intersection with shading on the areas where a portable sign cannot be placed

21 Mayor Magrath Drive S / Scenic Drive S Aerial view of intersection with shading on the areas where a portable sign cannot be placed

22 University Drive W / Walsh Drive W Aerial view of intersection with shading on the areas where a portable sign cannot be placed

23 All Railroad Crossings. Typical railroad crossing with shading on the areas where a portable sign cannot be placed